Vol. 148, No. 27 — December 31, 2014
SI/2014-110 December 31, 2014
FINANCIAL ADMINISTRATION ACT
Remission Order in Respect of Fees for Certain Pending Applications for Temporary Residence of Foreign Nationals Who Have Been in or Are Intending to Travel to an Ebola-affected Country
P.C. 2014-1476 December 12, 2014
His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), makes the annexed Remission Order in Respect of Fees for Certain Pending Applications for Temporary Residence of Foreign Nationals Who Have Been in or Are Intending to Travel to an Ebola-affected Country.
REMISSION ORDER IN RESPECT OF FEES FOR CERTAIN PENDING APPLICATIONS FOR TEMPORARY RESIDENCE OF FOREIGN NATIONALS WHO HAVE BEEN IN OR ARE INTENDING TO TRAVEL TO AN EBOLA-AFFECTED COUNTRY
1. Remission is granted of fees paid in accordance with subsections 296(1), 299(1) or 300(1) of the Immigration and Refugee Protection Regulations to persons whose application is not processed because of the Ministerial Instructions given under section 87.3 of the Immigration and Refugee Protection Act and published in the Canada Gazette, Part I, on October 31, 2014.
(This note is not part of the Order.)
The Governor in Council, on the recommendation of the Treasury Board and the Minister of Citizenship and Immigration, made the Remission Order in Respect of Fees for Certain Pending Applications for Temporary Residence of Foreign Nationals Who Have Been in or Are Intending to Travel to an Ebola-affected Country pursuant to subsection 23(2.1) of the Financial Administration Act.
On October 31, 2014, the Minister of Citizenship and Immigration issued Ministerial Instructions indicating that Citizenship and Immigration Canada (CIC) will not continue to process visa applications for temporary residence for foreign nationals who have been in, or are intending to travel to, an Ebola-affected country as identified by the World Health Organization (WHO). Foreign nationals with pending applications who do not qualify for processing have been informed that their application will not be processed and that their processing fees will be returned.
The purpose of the Order is to remit the fees for pending visa applications for temporary residence that will not be processed as a result of the Ministerial Instructions issued on October 31, 2014. This includes fees for pending visa applications in the worker, student or visitor class, paid under subsections 296(1), 299(1) and 300(1) of the Immigration and Refugee Protection Regulations, of foreign nationals who have been in an Ebola-affected country within three months prior to the date the application was received or who intend to travel to an Ebola-affected country before travelling to Canada. A pending application is an application that is in processing and for which a final decision has not been issued.
The Government of Canada has taken precautionary action with respect to the recent outbreak of Ebola, a serious, communicable disease affecting several parts of West Africa. The introduction or spread of the disease would pose an imminent and severe risk to public health in Canada.
Ministerial Instructions were issued on October 31, 2014, that limit the entry into Canada of persons who have recently been in affected countries and who may introduce or contribute to the spread of the disease in Canada. This action is consistent with the Immigration and Refugee Protection Act (IRPA) objective of protecting the health and safety of Canadians.
It was also communicated that foreign nationals from an Ebola-affected country with pending work permit, study permit or visitor visa applications would have their fees returned.
This Remission Order will remit the fees paid or payable under subsection 296(1), 299(1) and 300(1) of the Immigration and Refugee Protection Regulations. (see footnote 1)
An estimated 176 applications have been identified as pending applications for the purposes of this remittance. The foregone revenue associated with remitting the fees for these 176 pending applicants from worker, student and visitor applications in 2014–15 is estimated at $20,805.
Average monthly applications pending for temporary residents in Ebola-affected countries
|Country||Temporary Resident Visas Fee: $100||Study Permit Fee: $150||Work Permit Fee: $155||Average Monthly Applications|
|Republic of Guinea||93||46||10||149.0|
|Total foregone revenues||$11,300||$7,800||$1,705.00||$20,805|
In the event that the WHO identifies more countries as having widespread and persistent/intense transmission of the Ebola virus disease, the Ministerial Instructions would automatically apply to those countries. The Remission Order would consequently also apply and the total potential additional pending application and corresponding fees to be remitted would increase.
CIC will report on the foregone revenue associated with this Order. All remissions will be reported in the public accounts as required by subsection 24(2) of the Financial Administration Act.
Cost Management Division
Financial Management Branch
Citizenship and Immigration Canada
300 Slater Street